BILL NUMBER: AB 532	CHAPTERED  07/12/99

	CHAPTER   87
	FILED WITH SECRETARY OF STATE   JULY 12, 1999
	APPROVED BY GOVERNOR   JULY 12, 1999
	PASSED THE SENATE   JUNE 24, 1999
	PASSED THE ASSEMBLY   MAY 25, 1999
	AMENDED IN ASSEMBLY   MAY 17, 1999

INTRODUCED BY   Assembly Member Lempert

                        FEBRUARY 18, 1999

   An act to add Chapter 4.75 (commencing with Section 1647) to
Division 2 of the Health and Safety Code, relating to human milk.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 532, Lempert.  Human milk.
   Existing law provides that the procurement, processing,
distribution, or use of whole blood, plasma, blood products, and
blood derivatives for specified purposes constitutes the rendition of
a service, and not a sale of the whole blood, plasma, blood
products, or blood derivatives for any purpose.
   This bill would apply similar provisions to the procurement,
processing, distribution, or use of human milk for human consumption.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Extensive research, particularly in recent years, documents
diverse and compelling advantages to infants, mothers, families, and
society, as a result of breast feeding, and the use of human milk for
infant feeding, including health, nutritional, immunologic,
developmental, psychological, social, economic, and environmental
benefits.
   (b) Milk banks play a critical role in serving the needs of ill or
premature infants whose mothers are unable to supply their own milk,
due to illness or use of medication.  Many of these infants cannot
tolerate any type of formula, and would not survive without banked
human milk.
   (c) Milk banks follow strict procedures and protocols for milk
collection, processing, storage, and distribution, and are licensed
as tissue banks by the State Department of Health Services.
   (d) The high cost of liability insurance places a heavy burden on
existing milk banks, and has significantly impeded the creation of
new ones.
   (e) Section 1606 of the Health and Safety Code provides that the
procurement, processing, distribution, and use of human whole blood
and whole blood derivatives is the rendition of a service.  It is the
intent of the Legislature to consider nonprofit milk banks to be
providing a service, with respect to the procurement, processing,
distribution, and use of human milk.
  SEC. 2.  Chapter 4.75 (commencing with Section 1647) is added to
Division 2 of the Health and Safety Code, to read:

      CHAPTER 4.75.  HUMAN MILK

   1647.  The procurement, processing, distribution, or use of human
milk for the purpose of human consumption shall be construed to be,
and is declared to be for all purposes, the rendition of a service by
each and every nonprofit organization and its employees
participating therein, and shall not be construed to be, and is
declared not to be, a sale of the human milk for any purpose or
purposes.
